GST

Meaning of registered brand-trade names for CGST 5 % rates applicability-Government Clarification

Meaning of registered brand-trade names for CGST 5 % rates applicability. Rate not applicable on supply of goods unless registered under Trade Marks Act

Ministry of Finance

Press Release

dated: 05/07/2017

Meaning of registered brand name in the context of GST rates; CGST rate of 5% will not be applicable on the supply of goods unless the brand name or trade name is actually on the Register of Trade Marks and is in force under the Trade Marks Act, 1999. 

The Central GST (CGST) rate on supply of certain goods, such as chena or paneer, natural honey, wheat, rice and other cereals, pulses, flour of cereals and pulses, other than those put up in unit container and bearing a registered brand name, is NIL. Supply of such goods, when put up in unit container and bearing a registered brand name attracts 2.5% CGST rate. 

Doubts are being raised as to the meaning of registered brand name. In this context, the Notification No. 1/2017-Central Tax (Rate), dated 28th June, 2017 [which notifies the CGST rates of intra-state supply of goods] and Notification No. 2/2017-Central Tax (Rate), dated 28th June, 2017 [which exempts intra-state supply of the specified goods] clearly defines “registered brand name” as brand name or trade name, which is registered under the Trade Marks Act, 1999. In this regard, Section 2 (w) read with section 2 (t) of the Trade Marks Act, 1999 provide that a registered trade mark means a trade mark which is actually on the Register of Trade Marks and remaining in force. 

Thus, unless the brand name or trade name is actually on the Register of Trade Marks and is in force under the Trade Marks Act, 1999, CGST rate of 5% will not be applicable on the supply of such goods. 

*****
Share

Recent Posts

  • Income Tax

When quantum appeal restored, penalty can’t be levied for non-payment of demand

When quantum appeal stands restored to the AO, penalty can not be levied u/s 221(1) of the Income Tax Act…

12 hours ago
  • Income Tax

Even in case of bogus purchases, entire purchases cannot be disallowed – ITAT

Even if, the assessee is engaged in the bogus purchases, the entire purchases cannot be disallowed - ITAT In a…

2 days ago
  • SEBI

Order to stock broker by WhatsApp are legally verifiable record – SEBI

Order to stock broker through WhatsApp may be considered as legally verifiable record - SEBI SEBI in an informal guidance…

2 days ago
  • ICAI

ICAI Guidance Note on Audit of Banks, 2025 Edition

ICAI Guidance Note on Audit of Banks 2026 Edition ICAI has issued 2025 edition of the Guidance Note on Audit…

2 days ago
  • Empanelment

NHIDCL is hiring CA/CMA and others as Young Professionals. Last date – 14.04.2026

NHIDCL is hiring CA/CMA and others as Young Professionals – Last date to apply is 14.04.2026 The National Highways and…

2 days ago
  • Income Tax

Income Tax Rules 2026 notified by CBDT

Income Tax Rules 2026 notified by CBDT. CBDT has issued Notification No. 22/2026 dated 20.03.2026 to notify the Income-tax Rules,…

3 days ago